It Takes a Court

Steven Lubet

Northwestern University - Pritzker School of Law

April 29, 2010

Syracuse Law Review, Vol. 60, p. 221, 2010
Northwestern Public Law Research Paper, 10-17

In the standard account of Caperton v. Massey Energy, it is a complex story about judicial elections, campaign contributions, conflicts of interest and the Due Process Clause. In another sense, however, it is a much more mundane story about poor judicial role modeling, in which an insensible West Virginia Supreme Court justice became notorious only because the followed the bad example of the United States Supreme Court itself. This article explains why courts of last resort (both SCOTUS and state supreme courts) should refer recusal motions to the entire court, rather than allow disqualification to be decided solely by the challenged justice.

Number of Pages in PDF File: 10

Keywords: Judicial Ethics, Recusal, Conflicts of Interest, Judicial Disqualification, Courts

JEL Classification: K19, K40

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Date posted: April 29, 2010 ; Last revised: May 11, 2010

Suggested Citation

Lubet, Steven, It Takes a Court (April 29, 2010). Syracuse Law Review, Vol. 60, p. 221, 2010; Northwestern Public Law Research Paper, 10-17. Available at SSRN: http://ssrn.com/abstract=1597813

Contact Information

Steven Lubet (Contact Author)
Northwestern University - Pritzker School of Law ( email )
375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-6605 (Phone)

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